General Terms & Conditions

FIRST.-General

1.1.- This document contains the General Terms and Conditions of Contracting for products available through the online shop www.shopmarquesdecaceres.com (hereinafter, “MARQUÉS DE CÁCERES”), owned by UNION VITIVINÍCOLA, S.A., Spanish trading company, with Tax Id (NIF) A26010678 and registered address in Cenicero (La Rioja, Spain), carretera de Logroño s/n.

1.2 The purchase of our products implies full and unreserved acceptance of these terms and conditions, as well as the terms of the Legal Notice and Privacy Policy of the website that along with the order placed by the customer, constitute the contract between the customer and UNIÓN VITIVINÍCOLA, S.A. For the purposes of this contract, “buyer” or “customer” shall be understood as the buying party of the relationship. References to “consumer” shall apply only to buyers that have such status recognised under the applicable law.

The customer declares to be of legal age and to be fully qualified and empowered to contract in accordance with the legislation that is applicable, and to assume the commitments of these conditions, either for themselves or on behalf of the company or entity indicated as may be applicable, that he/she represents or in whose interest he/she acts.

1.3.- Through which MARQUÉS DE CÁCERES only permits purchases from Spain, excluding Ceuta and Melilla. For purchases from outside our country consult our export department by writing to the email address export@marquesdecaceres.com.

SECOND.- Purchasing and payment method system

2.1.- In order to buy in MARQUÉS DE CÁCERES, the selected items must added to the shopping cart, where their description, reference, unit price and quantity are indicated, and follow the steps to completion. Prices are correct, except for obvious error and include taxes as applicable. In case of purchases from residents in Balearic Islands and the Canary Islands, our products are delivered directly to the buyer from our local distributors. In addition, the shipping charges that apply will be included.

2.2.- The customer must register and provide all the requested data to be able to make purchases. This website is compatible with most Internet browsers, although you must configure your computer to accept cookies, especially to be able to manage your registration, process the purchase and make payments via the corresponding gateways. The customer declares that all information provided in the registration process and purchase is complete, accurate and up to date.

2.3.- Our system offers the following gateways and payment methods:

Paypal (www.Paypal.es), including both credit on your account as well as credit cards and debit cards supported by this platform.

Redsys (www.Redsys.es), which accepts the credit and debit cards Visa, MasterCard and Maestro.

All previous systems use measures, certificates and protocols that guarantee the security, confidentiality and non-repudiation of the transactions carried out. UNIÓN VITIVINÍCOLA, S.A. cannot access data regarding payment, which will be processed directly by the suppliers above.

2.4 Orders shall not be processed if payment of the price, applicable taxes and other expenses have not been fully met and received. Once the contracting has been produced, the buyer will receive a confirmation of the operation carried out by email to the address indicated in the process, within 24 hours from that time, stating the products purchased, their description, price and cost.

2.5.- If there are fraudulent charges on your card, the title holder consumer holder of it may demand immediate cancellation of the charge. In this case, the corresponding annotations of debit and recredit will be made as soon as possible, although UNIÓN VITIVINÍCOLA, S.A. may require sufficient justification for complaint, cancellation or blocking of the card, in case of loss or theft of the card user or any data it deems necessary in order to prove the possible existence of a fraudulent or improper charge. If the purchase had been effectively been carried out by the consumer and cardholder, UNIÓN VITIVINÍCOLA, S.A. is entitled to demand compensation for damages incurred as a result of such cancellation.

2.6.- In the event that once the contracting has taken place, the product is found to be unavailable, the buyer shall be duly notified, with the latter being able to substitute the products for other equivalent ones or cancel the corresponding order.

THIRD.- Delivery times and shipping costs

3.1.- All our products are processed and delivered once payment has been verified, within a maximum period of 72 hours, excluding weekends and public holidays according to the work calendar that corresponds to the address of UNION VITIVINÍCOLA, S.A.

3.2.- Once the contracting has been made, the buyer may not rescind on the contract unless the right of cancellation is applicable in accordance with regulations on consumers and users, and shall be obliged to pay the corresponding price, taxes and expenses, upon receipt of the orders and compliance with other contractually established obligations.

3.3 Shipping costs are determined by the weight of the orders and their destination, and shall be calculated during the checkout process. Shipping orders for over 200 euros shall be free.

FOURTH.- Protection of personal data

4.1.-UNIÓN VITIVINÍCOLA, S.A. stores and manages personal data relating to users and customers of MARQUÉS DE CÁCERES in accordance with the provisions of applicable Spanish and European legislation on data protection. This data is part of the files that are duly registered in the Spanish Data Protection Agency and will be used for the management and processing of our orders and answering inquiries, suggestions or concerns regarding these and other purposes indicated in our Legal Notice. All details marked with an asterisk in the buying process are mandatory.

Acceptance of these conditions implies that the affected party consents to the previous processing.

4.2.-Your data will be processed confidentially, applying the technical and organisational measures established in legislation to prevent access, improper handling or disposal, without, unless with express consent by you, they are to be transferred to other entities or third parties outside the legally permitted cases. However, you can, at any time, exercise your rights to access, cancellation or rectification in relation to such data by writing to any of the addresses indicated in this Legal Notice, together with a copy of your National Identity Document or equivalent document.

4.3.- The operating of our online store requires the installation of cookies on your computer to process the order and process, where appropriate, payments in accordance with the provisions of our Legal Notice.

FIFTH.- Returns Policy

5.1 The buyer that has the status of consumer under Spanish legislation may cancel his/her purchase without any reason, provided he/she notifies UNIÓN VITIVINÍCOLA, S.A. within a maximum period of 14 calendar days from receipt of the contracted products.

This right is subject to the exceptions established by the legislation on consumers and users, so be aware that, in some cases, especially in case of customised products, made according to the buyer’s specifications or subject to expiry, among others, they may not be subject to a refund.

5.2.- The exercise of this right must be requested from our Customer Service by emailing comunicacion@marquesdecaceres.comor by phone on 941 454 000, by using the form attached as Annex I to these conditions. The customer must forward the relevant products to the address indicated in our Legal Notice, in perfect condition, with their packaging, components and accessories. The cost of this shipment must be paid in full by the customer who will use any means it deems appropriate, at their own expense and risk.

5.3 In the event there is a cancellation, UNIÓN VITIVINÍCOLA, S.A. shall return the full purchase price to the consumer within a maximum period of fourteen calendar days from receipt of the request, and can deduct from the foregoing the extra costs that may be applicable if the customer had chosen a shipment method from the standard one. In any case, if the goods have not been received by the date on which the price was to be refunded, the buyer must prove that shipment before we can proceed to the refund.

5.4 No refunds of products will be accepted for cases other than those set out in this clause and the following. The Customer is responsible for ensuring the characteristics of the products before purchasing them. If in doubt, please contact us through the addresses indicated in our Legal Notice.

SIXTH.- Responsibility

6.1.- UNIÓN VITIVINÍCOLA, S.A. guarantees and is responsible for the perfect condition of its products, compliance of their specifications and other labelling information. If a product is visibly damaged or has been damaged, you should contact us immediately, send a photograph and we shall proceed to its replacement. UNIÓN VITIVINÍCOLA, S.A. shall assume all expenses in case of returns for this reason or other errors in the processing and shipping of orders.

6.2.- The images on this website are merely representative and illustrative of our products, so there could be slight variations in colour and presentation. Except in cases where a substantially different product from that is sent, we shall not respond due the variations as indicated.

6.3.-UNIÓN VITIVINÍCOLA, S.A. shall not be liable for any breaches of this contract, losses and damages in the event of lack of supply, unavailability of products, fire, strike, act of God, force majeure, and in general any circumstances that depend on the transport couriers, payment methods and electronic communications of third parties with whom UNIÓN VITIVINÍCOLA, S.A. has not contracted. UNIÓN VITIVINÍCOLA, S.A. also does not guarantee the permanent availability of information or contents, the absence of errors or inaccuracies, disruption in service, including the operation of this website for reasons of maintenance, updating, security or circumstances that depend on third parties, without any corresponding claim for this item for damages or direct or indirect damages arising therefrom.

SEVENTH.- Amendments

UNIÓN VITIVINÍCOLA, S.A. reserves the right to make, at any time, changes and updates on the website, its content, availability and presentation, as well as these conditions of sale, prices and costs.

EIGHTH.- Applicable Law and Jurisdiction

This contract shall be governed by and interpreted in accordance with Spanish legislation in matters not expressly stated therein. The contracting parties, expressly waiving any other jurisdiction that may apply, submit, except in cases where it is not legally permitted, to the jurisdiction of the Courts of Logroño (La Rioja, Spain) to resolve any issues that may arise in connection therewith.